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ACCC/C/2005/12 Albania

Case status: Findings adopted on 15.06.2007 – Non-compliance found.
Follow-up: Concluded; see para. 11 of Decision IV/9Decision III/6a
Topics: Clear, transparent and consistent framework; Access to environmental information; Public participation.
Articles alleged: 3 (2); 6 (2); 7.
Articles considered by the Committee: 3 (1); 4 (1); 6 (1) (b), 6 (3), 6 (4), 6 (8); 7.
Articles, if any, found in non-compliance: 3 (1); 6 (3), 6 (4), 6 (8); 7. 
Summary: On 27 April 2005, the Albanian non -governmental organization Alliance for the Protection of the Vlora Gulf submitted a communication to the Compliance Committee alleging violation by Albania of its obligations under articles 3 (2); 6 (2); and 7 of the Convention. The communication alleged that the Party concerned had failed to notify the public properly and in a timely manner and to consult the public concerned in the decision-making on planning of an industrial park, comprising, inter alia, oil and gas pipelines, installations for the storage of petroleum, three thermal power plants and a refinery near the lagoon of Narta, on a site of 560 ha inside the protected National Park. The communicant also alleged that the Party concerned failed to make appropriate provision for public participation in accordance with article 7 of the Convention.

  Document Status Date received or posted by the secretariat
  Datasheet ACCC/C/2005/12 (Albania)   30.05.2008
  Communication ACCC/C/2005/12 (Albania)   27.04.2005
  Questions to the communicant Email by the secretariat 28.04.2005
  Preliminary determination on admissibility Agreed at the Committee’s 8 th meeting 24.05.2005
  Additional information from the communicant In response to questions raised by the Committee at its 10 th meeting 07.01.2006
  Additional information from the communicant – ann. 1 – re: public attendance at public hearing In response to questions raised by the Committee at its 10 th meeting 07.01.2006
  Response by the Party Email 25.11.2005
  Response by the Party - annex 1 – ToR Environmental Management plan for Vlore Power Station attachment  
  Response by the Party - annex 2 – Media notification on TEC attachment  
  Response by the Party – annex 3 – Vlora Power Station EIA attachment  
  Committee request for additional information from the Party Letter 16.12.2005
  Committee’s 2 nd request for additional info from the Party Letter 12.04.2006
  Draft preliminary response from the Party In response to the Committee’s request of 12.04.06. Draft only 23.05.2006
  Draft preliminary response from the Party – ann. 1 In response to the Committee’s request of 12.04.06 23.05.2006
  Draft preliminary response from the Party – ann.2 – Decision on approval of the Vlore Industrial and Energy park In response to the Committee’s request of 12.04.06 23.05.2006
  Cover letter for additional information from the Party In response to the Committee’s request of 12.04.06 13.06.2006
  Additional information from the Party - annex 1 – consisting of:

Decision Nr. 8 Date 19/02/2003 of the Council of Territory Adjustment of the Republic of Albania, On Approval of the Industrial and Energy Park-Vlore

Decision NR.9, date 19/02/2003, of the Council of Territory Adjustment of the republic of Albania, on the Construction Site of the Coastal Deposits and port installations for storage of fuel and by products in Vlora

Decision Nr. 20 of the Council of Territory Adjustment of the Republic of Albania On the Construction Site of the New Thermal generation Facility in Vlora.
In response to the Committee’s request of 12.04.06 13.06.2006
  Additional information from the Party - annex 2 – consisting of:

Copy of the public announcement 1

Copy of the public announcement 1
In response to the Committee’s request of 12.04.06 13.06.2006
  List of participants from 2 April 2003 In response to the Committee’s request of 12.04.06 13.06.2006
  Opening statement at the public discussion on 18 October 2003 In response to the Committee’s request of 12.04.06 13.06.2006
  Public notice of 10 February 2004 In response to the Committee’s request of 12.04.06 13.06.2006
 
  Letter to the World Bank Letter from the secretariat pursuant to the Committee’s request 27.07.2006
  Letter to the EBRD Letter from the secretariat pursuant to the Committee’s request 27.07.2006
  Response from the World Bank In response to the secretariat’s letter of 27.07.2006 02.08.2006
  Letter to the Party requesting additional information Pursuant to para 15 of the report of the Committee’s 12 th meeting 05.09.2006
  Letter from the communicant In response to the letter from the World Bank of 27.02.2006 02.10.2006
  Letter from the Party In response to the secretariat’s letter of 5.09.2006 21.10.2006
  Letter to the Party informing about the discussion at CC-14 and requesting information the Party failed to provide in its response of 21.10.2006 to the secretariat’s letter of 5.09. 2006 Letter from the secretariat pursuant to CC request made at CC-13 20.11.2006
  Letter from the Party In response to the secretariat’s letter of 20.11.2006 01.12.2006
  Draft findings and recommendations Final version sent to the Parties for comments 26.03.2007
  Letter to the Party conerned Forwarding the draft findings and recommendations of the Committee for comment 29.03.2207
  Letter to the communicant Forwarding the draft findings and recommendations of the Committee for comment 29.03.2207
  Letter to the World Bank Forwarding the draft findings and recommendations of the Committee for comment 29.03.2207
  Letter to the EBRD Forwarding the draft findings and recommendations of the Committee for comment 29.03.2207
  Letter to the EIB Forwarding the draft findings and recommendations of the Committee for comment 29.03.2207
  Comments from the Party on the draft findings and recommendations In response to the draft findings and recommendations 18.05.2007
  Comments from the Party on the draft findings and recommendations - Annex I In response to the draft findings and recommendations 18.05.2007
  Comments from the Party on the draft findings and recommendations - Annex II In response to the draft findings and recommendations 18.05.2007
  Comments from the communicant on the draft findings and recommendations In response to the draft findings and recommendations 03.05.2007
  Additional comments from the communicant on the draft findings and recommendations Additional comments on draft findings following EBRD comments 15.05.2007
  Additional comments from the communicant on the draft findings and recommendations - Annex I - Decision Nr. 610 of 21.09.2004 Additional comments on draft findings following EBRD comments 15.05.2007
  Additional comments from the communicant on the draft findings and recommendations - Annex II - map Additional comments on draft findings following EBRD comments 15.05.2007
  Comments by the EBRD on the draft findings and recommendations (cover note) In response to the draft findings and recommendations 15.05.2007
  Comments by the EBRD on the draft findings and recommendations In response to the draft findings and recommendations 15.05.2007
  Comments by the EBRD on the draft findings and recommendations - Annex I - EIA Annex I In response to the draft findings and recommendations 09.05.2007
  Comments by the EBRD on the draft findings and recommendations - Annex II - Environmental Consent - Eng In response to the draft findings and recommendations 09.05.2007
  Comments by the EBRD on the draft findings and recommendations - Annex II - Environmental Consent - Alb In response to the draft findings and recommendations 09.05.2007
  Comments by the EBRD on the draft findings and recommendations - Annex III - KESH letter of May 2007 In response to the draft findings and recommendations 09.05.2007
  Comments by the EBRD on the draft findings and recommendations - Annex III - Vlora TES Environmental License In response to the draft findings and recommendations 09.05.2007
  World Bank comments on the draft findings In response to the draft findings and recommendations 15.05.2007
  World Bank comments on the draft findings – Annex 1 – letter from Ministry of Energy of Albania to the World Bank dated 15.11.2002 In response to the draft findings and recommendations 15.05.2007
  World Bank comments on the draft findings – Annex 2 – Minutes of the representative meeting on Vlora TEP held 28 October 2002 (Eng) In response to the draft findings and recommendations 15.05.2007
  World Bank comments on the draft findings – Annex 3 – Minutes of the representative meeting on Vlora TEP held 28 October 2002 (Alb) In response to the draft findings and recommendations 15.05.2007
  World Bank comments on the draft findings – Annex 4 – Vlora TEP Environmental License issued 03.03.2007 In response to the draft findings and recommendations 15.05.2007
  World Bank comments on the draft findings – Annex 5 – newspaper article 1, Nov.1, 2002 (alb) In response to the draft findings and recommendations 15.05.2007
  World Bank comments on the draft findings – Annex 6 – newspaper article 2, Nov.1, 2002 (alb) In response to the draft findings and recommendations 15.05.2007
  World Bank comments on the draft findings – Annex 7 – newspaper article 3, Nov.1, 2002 (alb) In response to the draft findings and recommendations 15.05.2007
  World Bank comments on the draft findings – Annex 8 – newspaper article 1, Nov.1, 2002 (eng) In response to the draft findings and recommendations 15.05.2007
  World Bank comments on the draft findings – Annex 9 – newspaper article 2, Nov.1, 2002 (eng) In response to the draft findings and recommendations 15.05.2007
  World Bank comments on the draft findings – Annex 10 – newspaper article 3, Nov.1, 2002 (eng) In response to the draft findings and recommendations 15.05.2007
  Communicant’s note on the Party’s and WB comments Comment on the Party’s and WB comments 11.06.2007
  Communicant’s note on the Party’s and WB comments – Add.1 – Note from the library of Vlora dated 8.06.2007 (Alb) Comment on the Party’s and WB comments 11.06.2007
  Communicant’s note on the Party’s and WB comments – Add.1 – Note from the library of Vlora dated 8.06.2007 (Eng) Comment on the Party’s and WB comments 11.06.2007
  Communicant’s note on the Party’s and WB comments – Add.2 – comparative analysis of the minutes of the public hearings held in October 2002 and September 2003 Comment on the Party’s and WB comments 11.06.2007
  Findings and recommendations of the Committee Adopted on the 16th meeting of the Committee on 15 June 2007 15.06.2007
  Comments by EIB In response to draft findings (received followingthe adoption of the findings and recommendations by the Committee) 27.06.2007
  Letter on behalf of the Committee regarding extention of the timeframe referred to in para. 99 of the findings and recommendations of the Committee Sent by the secretariat on behalf of the Committee 15.08.2007
  Action Plan prepared by the Party concerned Prepared by the Party concerned pursuant to para 99 of the findings and recommendations of the Committee 29.11.2007
  Letter to the Party concerned regarding update on the implementation of findings and recommendations Sent by the secretariat on behalf of the Committee 19.12.2007
  Report by the Party on implementation of the CC recommendations Submitted by the Party concerned pursuant to para. 100 of the findings and recommendations of the Committee 11.02.2008
  Draft Report of the Compliance Committee on compliance by Albania with its obligations under the Convention Draft report to the Meeting of the Parties prepared following the 19 th meeting of the Committee, as sent for comments to the Party concerned and the communicant 07.03.2008
  Letter to the Party concerned regarding draft report on compliance by Albania Sent by the secretariat on behalf of the Committee 11.03.2008
  Letter to the communicant regarding draft report on compliance by Albania Sent by the secretariat on behalf of the Committee 11.03.2008
  Communicant’s comments Comments from the communicant on the draft report of the Committee on compliance by Albania, received by email on 14 April 2008 14. 04.2008
  Letter to the Party concerned regarding report on compliance by Albania Sent by the secretariat 21.05.2008
  Letter to the communicant regarding report on compliance by Albania Sent by the secretariat 21.05.2008
  Report of the Compliance Committee on compliance by Albania with its obligations under the Convention Addendum 1 to the report by the Compliance Committee to the 3 rd meeting of the Parties